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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-805

This section sets subdivision-review rules for municipalities, including who may act as the administrative land use authority, when meetings must be scheduled, what must be provided at pre-application meetings, and when…

Source excerpt

administrative approvaladministrative authoritydevelopment applicationhousingland useland use administrationland-use reviewmunicipal meetingsmunicipal permittingmunicipal procedureplanning approvalspre-application meetingpreliminary subdivision applicationsubdivisionsubdivision applicationssubdivision plat approvalsubdivision plat processingsubdivision reviewzoning approvals
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“This section sets subdivision-review rules for municipalities, including who may act as the administrative land use authority, when meetings must be scheduled, what must be provided at pre-application meetings, and when preliminary and final subdivision applications must be approved.”

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Process for subdivision review and approval.

This section sets subdivision-review rules for municipalities, including who may act as the administrative land use authority, when meetings must be scheduled, what must be provided at pre-application meetings, and when preliminary and final subdivision…

Section 10-20-805

Subsection 10-20-805(3)

A municipal subdivision ordinance must comply with this section, use a standard application method and form for preliminary and final subdivision applications, and assign a single administrative land use authority for preliminary subdivision review;…

Section 10-20-805(3)

Subsection 10-20-805(4)(b)

At the pre-application meeting, municipal staff must provide or make available specified land-use materials and concept-plan feedback.

Section 10-20-805(4)(b)

Subsection 10-20-805(7)

An administrative land use authority may receive public comment and hold no more than one public hearing for a preliminary application to subdivide land.

Section 10-20-805(7)

Subsection 10-20-805(10)

If a final subdivision application meets the stated requirements, the municipality must approve it.

Section 10-20-805(10)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 29 of 29 provisions

Provision 29

Part 10-20-8

part 10-20-8 Subdivisions

§ 10-20-805Process for subdivision review and approval.Provision

Source excerpt

This section sets subdivision-review rules for municipalities, including who may act as the administrative land use authority, when meetings must be scheduled, what must be provided at pre-application meetings, and when preliminary and final subdivision applications must be approved.

Process for subdivision review and approval. As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission. "Administrative land use authority" does not include a municipal legislative body or a member of a municipal legislative body. This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes. This section does not apply to land use regulations adopted, approved, or agreed upon by a legislative body exercising land use authority in the review of land use applications for zoning or other land use regulation approvals. A municipal ordinance governing the subdivision of land shall: comply with this section, and establish a standard method and form of application for preliminary subdivision applications and final subdivision applications; and designate a single administrative land use authority for the review of preliminary applications to subdivide land; or if the municipality has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 10-20-808 , the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-20-808 . If an applicant requests a pre-application meeting, the municipality shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback. At the pre-application meeting, the municipal staff shall provide or have available on the municipal website the following: copies of applicable land use regulations; a complete list of standards required for the project; preliminary and final application checklists; and feedback on the concept plan. A preliminary subdivision application shall comply with all applicable municipal ordinances and requirements of this section. An administrative land use authority may complete a preliminary subdivision application review in a public meeting or at a municipal staff level. With respect to a preliminary application to subdivide land, an administrative land use authority may: receive public comment; and hold no more than one public hearing. If a preliminary subdivision application complies with the applicable municipal ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application. A municipality shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and municipal ordinances, which: may permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and may not require planning commission or city council approval. If a final subdivision application complies with the requirements of this section, the applicable municipal ordinances, and the preliminary subdivision approval granted under Subsection (9)(a) , a municipality shall approve the final subdivision application.
Section 10-20-805Verify source
§ 10-20-805(1)Subsection 10-20-805(1)Provision

Source excerpt

This subsection defines "administrative land use authority" as certain individuals, boards, or commissions appointed or employed by a municipality, including municipal staff and a municipal planning commission.

As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission. "Administrative land use authority" does not include a municipal legislative body or a member of a municipal legislative body.
Section 10-20-805(1)Verify source
§ 10-20-805(1)(a)Subsection 10-20-805(1)(a)Provision

Source excerpt

This section defines “administrative land use authority” as an individual, board, or commission appointed or employed by a municipality, including municipal staff or a municipal planning commission.

As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission.
Section 10-20-805(1)(a)Verify source
§ 10-20-805(1)(b)Subsection 10-20-805(1)(b)Provision

Source excerpt

The term “Administrative land use authority” excludes a municipal legislative body and its members.

"Administrative land use authority" does not include a municipal legislative body or a member of a municipal legislative body.
Section 10-20-805(1)(b)Verify source
§ 10-20-805(2)Subsection 10-20-805(2)Provision

Source excerpt

This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes. This section does not apply to land use regulations adopted, approved, or agreed upon by a

This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes. This section does not apply to land use regulations adopted, approved, or agreed upon by a legislative body exercising land use authority in the review of land use applications for zoning or other land use regulation approvals.
Section 10-20-805(2)Verify source
§ 10-20-805(2)(a)Subsection 10-20-805(2)(a)Provision

Source excerpt

This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes.

This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes.
Section 10-20-805(2)(a)Verify source
§ 10-20-805(2)(b)Subsection 10-20-805(2)(b)Provision

Source excerpt

This section does not apply to land use regulations adopted, approved, or agreed upon by a legislative body exercising land use authority in the review of land use applications for zoning or other land use regulation approvals.

This section does not apply to land use regulations adopted, approved, or agreed upon by a legislative body exercising land use authority in the review of land use applications for zoning or other land use regulation approvals.
Section 10-20-805(2)(b)Verify source
§ 10-20-805(3)Subsection 10-20-805(3)Provision

Source excerpt

A municipal subdivision ordinance must comply with this section, use a standard application method and form for preliminary and final subdivision applications, and assign a single administrative land use authority for preliminary subdivision review; if a separate procedure under Section 10-20-808 exists, the municipality may assign a different authority for approvals under that section.

A municipal ordinance governing the subdivision of land shall: comply with this section, and establish a standard method and form of application for preliminary subdivision applications and final subdivision applications; and designate a single administrative land use authority for the review of preliminary applications to subdivide land; or if the municipality has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 10-20-808 , the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-20-808 .
Section 10-20-805(3)Verify source
§ 10-20-805(3)(a)Subsection 10-20-805(3)(a)Provision

Source excerpt

A person must comply with this section and establish a standard application method and form for preliminary and final subdivision applications.

comply with this section, and establish a standard method and form of application for preliminary subdivision applications and final subdivision applications; and
Section 10-20-805(3)(a)Verify source
§ 10-20-805(3)(b)Subsection 10-20-805(3)(b)Provision

Source excerpt

The municipality must designate one administrative land use authority to review preliminary subdivision applications, and may choose a different separate authority for subdivision approval if it has adopted an ordinance creating a separate review-and-approval procedure under Section 10-20-808.

designate a single administrative land use authority for the review of preliminary applications to subdivide land; or if the municipality has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 10-20-808 , the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-20-808 .
Section 10-20-805(3)(b)Verify source
§ 10-20-805(3)(b)(i)Subsection 10-20-805(3)(b)(i)Provision

Source excerpt

designate a single administrative land use authority for the review of preliminary applications to subdivide land; or

designate a single administrative land use authority for the review of preliminary applications to subdivide land; or
Section 10-20-805(3)(b)(i)Verify source
§ 10-20-805(3)(b)(ii)Subsection 10-20-805(3)(b)(ii)Provision

Source excerpt

If the municipality has adopted an ordinance establishing a separate subdivision review-and-approval procedure, it may designate a different and separate administrative land use authority for that approval.

if the municipality has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 10-20-808 , the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-20-808 .
Section 10-20-805(3)(b)(ii)Verify source
§ 10-20-805(4)Subsection 10-20-805(4)Provision

Source excerpt

If an applicant requests a pre-application meeting, the municipality shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback. At the pre-application meeting, the municipal

If an applicant requests a pre-application meeting, the municipality shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback. At the pre-application meeting, the municipal staff shall provide or have available on the municipal website the following: copies of applicable land use regulations; a complete list of standards required for the project; preliminary and final application checklists; and feedback on the concept plan.
Section 10-20-805(4)Verify source
§ 10-20-805(4)(a)Subsection 10-20-805(4)(a)Provision

Source excerpt

If an applicant requests a pre-application meeting, the municipality must schedule it within 15 business days.

If an applicant requests a pre-application meeting, the municipality shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.
Section 10-20-805(4)(a)Verify source
§ 10-20-805(4)(b)Subsection 10-20-805(4)(b)Provision

Source excerpt

At the pre-application meeting, municipal staff must provide or make available specified land-use materials and concept-plan feedback.

At the pre-application meeting, the municipal staff shall provide or have available on the municipal website the following: copies of applicable land use regulations; a complete list of standards required for the project; preliminary and final application checklists; and feedback on the concept plan.
Section 10-20-805(4)(b)Verify source
§ 10-20-805(4)(b)(i)Subsection 10-20-805(4)(b)(i)Provision

Source excerpt

copies of applicable land use regulations;

copies of applicable land use regulations;
Section 10-20-805(4)(b)(i)Verify source
§ 10-20-805(4)(b)(ii)Subsection 10-20-805(4)(b)(ii)Provision

Source excerpt

a complete list of standards required for the project;

a complete list of standards required for the project;
Section 10-20-805(4)(b)(ii)Verify source
§ 10-20-805(4)(b)(iii)Subsection 10-20-805(4)(b)(iii)Provision

Source excerpt

preliminary and final application checklists; and

preliminary and final application checklists; and
Section 10-20-805(4)(b)(iii)Verify source
§ 10-20-805(4)(b)(iv)Subsection 10-20-805(4)(b)(iv)Provision

Source excerpt

feedback on the concept plan.

feedback on the concept plan.
Section 10-20-805(4)(b)(iv)Verify source
§ 10-20-805(5)Subsection 10-20-805(5)Provision

Source excerpt

A preliminary subdivision application must comply with applicable municipal ordinances and this section.

A preliminary subdivision application shall comply with all applicable municipal ordinances and requirements of this section.
Section 10-20-805(5)Verify source
§ 10-20-805(6)Subsection 10-20-805(6)Provision

Source excerpt

An administrative land use authority may complete a preliminary subdivision application review in a public meeting or at a municipal staff level.

An administrative land use authority may complete a preliminary subdivision application review in a public meeting or at a municipal staff level.
Section 10-20-805(6)Verify source
§ 10-20-805(7)Subsection 10-20-805(7)Provision

Source excerpt

An administrative land use authority may receive public comment and hold no more than one public hearing for a preliminary application to subdivide land.

With respect to a preliminary application to subdivide land, an administrative land use authority may: receive public comment; and hold no more than one public hearing.
Section 10-20-805(7)Verify source
§ 10-20-805(7)(a)Subsection 10-20-805(7)(a)Provision

Source excerpt

receive public comment; and

receive public comment; and
Section 10-20-805(7)(a)Verify source
§ 10-20-805(7)(b)Subsection 10-20-805(7)(b)Provision

Source excerpt

A person must hold no more than one public hearing.

hold no more than one public hearing.
Section 10-20-805(7)(b)Verify source
§ 10-20-805(8)Subsection 10-20-805(8)Provision

Source excerpt

If a preliminary subdivision application complies with the applicable municipal ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application.

If a preliminary subdivision application complies with the applicable municipal ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application.
Section 10-20-805(8)Verify source
§ 10-20-805(9)Subsection 10-20-805(9)Provision

Source excerpt

A municipality must review and either approve or deny a final subdivision plat application. The section may allow concurrent processing with the preliminary plat application, and municipal ordinances may not require planning commission or city council approval.

A municipality shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and municipal ordinances, which: may permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and may not require planning commission or city council approval.
Section 10-20-805(9)Verify source
§ 10-20-805(9)(a)Subsection 10-20-805(9)(a)Provision

Source excerpt

An authority may allow the final subdivision plat application to be processed at the same time as the preliminary subdivision plat application.

may permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and
Section 10-20-805(9)(a)Verify source
§ 10-20-805(9)(b)Subsection 10-20-805(9)(b)Provision

Source excerpt

This provision says approval from the planning commission or city council may not be required.

may not require planning commission or city council approval.
Section 10-20-805(9)(b)Verify source
§ 10-20-805(10)Subsection 10-20-805(10)Provision

Source excerpt

If a final subdivision application meets the stated requirements, the municipality must approve it.

If a final subdivision application complies with the requirements of this section, the applicable municipal ordinances, and the preliminary subdivision approval granted under Subsection (9)(a) , a municipality shall approve the final subdivision application.
Section 10-20-805(10)Verify source

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